[Federal Register Volume 69, Number 140 (Thursday, July 22, 2004)]
[Notices]
[Pages 43803-43805]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16741]


-----------------------------------------------------------------------

DEPARTMENT OF COMMERCE

International Trade Administration

A-588-810


Mechanical Transfer Presses From Japan: Final Results of 
Antidumping Duty Administrative Review and Revocation, In Part

AGENCY: Import Administration, International Trade Administration, 
Department of Commerce.
SUMMARY: On March 8, 2004, the Department of Commerce (the Department) 
published the preliminary results of its antidumping duty 
administrative review of, and preliminary determination not to revoke, 
in part, the antidumping duty order on mechanical transfer presses 
(MTPs) from Japan (69 FR 10657). This review covers entries of this 
merchandise into the United States during the period of February 1, 
2002 through January 31, 2003.
    We gave interested parties an opportunity to comment on our 
preliminary results. On May 14, 2004 we received a case brief from the 
respondents, Hitachi Zosen Corporation (HZC) and Hitachi Zosen Fukui 
Corporation (H&F). We received no other comments. Based on our review 
of the comments, we have made changes to our margin calculations, and 
are now revoking the order with respect to HZC/H&F (see section 
``Revocation Determination'' below).

EFFECTIVE DATE: July 22, 2004.

FOR FURTHER INFORMATION CONTACT: Jacqueline Arrowsmith or Mark Hoadley, 
Office of Antidumping/Countervailing Duty Enforcement VII, Import 
Administration, International Trade Administration, U.S. Department of 
Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 
20230; telephone (202) 482-5255 or (202) 482-3148, respectively.

SUPPLEMENTARY INFORMATION:

Background

    On March 8, 2004, the Department published the preliminary results 
of its administrative review of the antidumping duty order on MTPs from 
Japan. See Preliminary Results of Antidumping Duty Administrative 
Review and Preliminary Determination Not to Revoke, in-Part, 69 FR 
10657 (March 7, 2003) (Preliminary Results). In the Preliminary 
Results, we found that U.S. sales were made below normal value (NV) by 
the respondent. We gave interested parties an opportunity to comment on 
our preliminary results. On March 9, 2004, we received ministerial 
error allegations from Hitachi Zosen Corporation (HZC) and its 
subsidiary, Hitachi Zosen Fukui Corporation (H&F). On April 5, 2004, we 
received a request for a hearing from HZC/H&F, which was subsequently 
withdrawn on June 22, 2004. On May 14, 2004, we received a case brief 
from HZC/H&F. The Department received no other comments and no other 
requests for a hearing. On June 29, 2004, we published a notice of 
extension of the final results of review until July 14, 2004. See 
Mechanical Transfer Presses from Japan: Extension of Time Limit for 
Final Results of Antidumping Administrative Review, (69 FR 38881). The 
Department has now completed this review in accordance with section 751 
of the Tariff Act of 1930, as amended (the Act).

Scope of the Antidumping Duty Order

    Imports covered by this antidumping duty order include mechanical 
transfer presses, currently classifiable under Harmonized Tariff 
Schedule of the United States (HTSUS) item numbers 8462.10.0035, 
8466.94.6540 and 8466.94.8540 and formerly classifiable as 
8462.99.8035, 8462.21.8085, and 8466.94.5040. The HTSUS subheadings are 
provided for convenience and customs purposes only. The written 
description of the scope of this order is dispositive. The term 
``mechanical transfer presses'' refers to automatic metal-forming 
machine tools with multiple die stations in which the work piece is 
moved from station to station by a transfer mechanism designed as an 
integral part of the press and synchronized with the press action, 
whether imported as machines or parts suitable for use solely or 
principally with these machines. These presses may be imported 
assembled or unassembled.
    The Department published in the Federal Register several notices of 
scope rulings with respect to MTPs from Japan, determining that (1) 
spare and replacement parts are outside the scope of the order (see 
Notice of Scope Rulings, 57 FR 19602 (May 7, 1992)); (2) a destack 
feeder designed to be used with a mechanical transfer press is an 
accessory and, therefore, is not within the scope of the order (see 
Notice of Scope Rulings, 57 FR 32973 (July 24, 1992)); (3) the FMX cold 
forging press is within the scope of the order (see Notice of Scope 
Rulings, 59 FR 8910 (February 24, 1994)); and (4) certain mechanical 
transfer press parts exported from Japan are outside the scope of the 
order (see Notice of Scope Rulings, 62 FR 9176 (February 28, 1997)).

Comments from Interested Parties and Changes Since the Preliminary 
Results

    HZC/H&F filed a timely allegation, in accordance with section 
351.224(f) of the Department's regulations, that the Department made 
two ministerial errors that produced a positive (``above de minimis'') 
dumping margin in the Preliminary Results. HZC/H&F stated that, but for 
these two errors, the Department would have found that HZC/H&F had not 
sold the subject merchandise at less than NV in the Preliminary 
Results. First, HZC/H&F alleged that the Department applied an exchange 
rate from February 1, 2002 rather than the exchange rates for the dates 
of reported U.S. sales purchase order date. HZC/H&F explained that the 
February 1, 2002 date did not relate to the reviewed sales and appeared 
to be the result of a coding error in the program. The exchange rate 
applied significantly understated the U.S. selling prices for the 
subject sales, as well as the price adjustments.
    HZC/H&F also alleged that the calculation of cost of production 
(COP) failed to incorporate home market indirect selling expenses. HZC/
H&F goes on to explain that, as a result, COP was understated, and 
profit was overstated. HZC/H&F concluded that, if these two clerical 
errors were corrected, the Department would find that HZC/H&F's sales 
prices for MTPs shipped to the U.S. market in the 2002-2003 review 
period were above normal value. Thus, argues HZC/H&F, its margin should 
be zero, and the order should be revoked, in-part, according to the 
criteria outlined in 19 CFR 351.222(e)(1). No other comments were 
received.
    After analyzing these allegations, the Department finds the two 
errors alleged by the respondents are ministerial errors; defined by 
section 351.224(f) of

[[Page 43804]]

the Department's regulations as an error in performing an arithmetic 
function or a clerical error resulting from inaccurate copying, 
duplication or the like, and any other similar type of unintentional 
error which the Department considers ministerial. The exchange rate 
used in the preliminary results as HZC/H&F points out was incorrect. It 
did not reflect the dates of sale for the MTPs under review. The date 
used was the unintentional result of a mistake in editing the computer 
code. Home market indirect selling expenses were unintentionally 
omitted from the cost of production. Section 773(b)(B) of the Act 
directs the Department to include an amount for selling, general and 
administrative expenses in the calculation of COP. Thus, both of these 
errors are ministerial in nature.
    Therefore, after recalculating the margin to correct these clerical 
errors, the final margin is de minimis.

Revocation Determination

    In its timely submission of February 28, 2003, HZC/H&F requested, 
pursuant to 19 CFR 351.222(e)(1), partial revocation of the order with 
respect to its sales of MTPs. HZC/H&F (1) certified that it sold the 
merchandise in commercial quantities at not less than NV for a period 
of at least three consecutive years; (2) certified that, in the future, 
it will not sell the subject merchandise at less than NV; and, (3) 
agreed to immediate reinstatement under the order if the Department 
determines that, subsequent to revocation, it has sold the subject 
merchandise at not less than NV.
    As discussed above, the Department has determined in these final 
results that no dumping occurred during the POR. Based upon our 
findings in this review and the final results of the two preceding 
reviews, HZC/H&F has demonstrated three consecutive years of sales at 
not less than normal value. Furthermore, we determine that HZC/H&F's 
sales of MTPs to the United States have been made in commercial 
quantities during these three segments of the proceeding. The 
Department has previously determined that when an order covers large-
scale products, which are individually worth millions of dollars one 
sale may constitute a commercial quantity. See, e.g., Large Newspaper 
Printing Presses and Components Thereof, Whether Assembled or 
Unassembled, From Japan: Final Results of Antidumping Duty 
Administrative Review and Revocation in Part, (67 FR 2190) (January 16, 
2002). HZC/H&F has sold one or more MTPs in each of these three 
administrative review periods; however, the details of these sales are 
business proprietary. Therefore, the analysis of HZC/H&F's sales and 
why we have determined that HZC/H&F's sales of MTPs were made in 
commercial quantities, is incorporated in the ``Commercial Quantities'' 
section of the Analysis Memorandum from Jacqueline Arrowsmith to the 
File, dated July 14, 2004. HZC/H&F also agreed in writing that it will 
not sell the subject merchandise at less than NV in the future, and 
agreed to the immediate reinstatement of the antidumping order, as long 
as any exporter or producer is subject to the order, if the Department 
concludes that, subsequent to the partial revocation, HZC/H&F has sold 
the merchandise at less than normal value. Based on the above facts, 
the Department determines that partial revocation of the order with 
respect to HZC/H&F is warranted. Therefore, in accordance with 19 CFR 
351.222(f)(3), we will terminate suspension of liquidation for any 
merchandise manufactured and exported by HZC/H&F entered, or withdrawn 
from warehouse, for consumption on or after February 1, 2003.

Final Results of Review

    We determine that the following percentage weighted-average margin 
exists for the period February 1, 2002 through January 31, 2003:

------------------------------------------------------------------------
       Manufacturer/exporter             Time Period          Margin
------------------------------------------------------------------------
H&F/HZC...........................   02/01/02 - 01/31/03    0.00 percent
------------------------------------------------------------------------

    Because the weighted-average dumping margin is zero, we will 
instruct U.S. Customs and Border Protection to liquidate entries made 
during this review period without regard to antidumping duties for the 
subject merchandise that was manufactured and exported by H&F/HZC.

Cash Deposit Requirements

    The following deposit requirements shall be effective upon 
publication of this notice of final results of administrative review 
for all shipments of MTPs from Japan entered, or withdrawn from 
warehouse, for consumption on or after the date of publication, as 
provided by section 751(a)(1) of the Act: (1) cash deposits for HZC/H&F 
will no longer be required and the suspension of liquidation will cease 
for subject merchandise manufactured and exported by HZC/H&F on or 
after February 1, 2003; (2) for previously reviewed or investigated 
companies not listed above, the cash deposit rate will continue to be 
the company-specific rate established for the most recent period; (3) 
if the exporter is not a firm covered in this review, a prior review, 
or the original less-than-fair value investigation (LTFV), but the 
manufacturer is, the cash deposit rate will be the rate established for 
the most recent period for the manufacturer of the merchandise; and, 
(4) for all other producers and/or exporters of this merchandise, the 
cash deposit rate shall be the ``all-others'' rate established in the 
LTFV investigation, which is 14.51 percent. See Notice of Final 
Determination of Sales at Less Than Fair Value and Antidumping Duty 
Order: Mechanical Transfer Presses from Japan, 55 FR 5642 (February 16, 
1990). These deposit requirements shall remain in effect until 
publication of the final results of the next administrative review.

Notification to Interested Parties

    This notice also serves as a final reminder to importers of their 
responsibility under section 351.402(f) to file a certificate regarding 
the reimbursement of antidumping duties prior to liquidation of the 
relevant entries during this review period. Failure to comply with this 
requirement could result in the Secretary's presumption that 
reimbursement of antidumping duties occurred and the subsequent 
assessment of doubled antidumping duties.
    This notice also serves as a reminder to parties subject to 
administrative protective orders (APO) of their responsibility 
concerning the disposition of proprietary information disclosed under 
APO as explained in the administrative order itself. Timely written 
notification of the return/destruction of APO materials or conversion 
to judicial protective order is hereby requested. Failure to comply 
with the regulations and terms of an APO is a sanctionable violation.

[[Page 43805]]

    This administrative review and notice are in accordance with 
sections 751(a)(3)(A) and 777(i)(1) of the Act.

    Dated: July 14, 2004.
James J. Jochum,
Assistant Secretary for Import Administration.
[FR Doc. 04-16741 Filed 7-21-04; 8:45 am]
BILLING CODE 3510-DS-S